CONTENT OF NUMBER AND SUMMARIES OF ARTICLES

Persona GrataThe Lisbon treaty as the compass of the european policy Interview with Professor of the University of Tuebingen (Germany) Gabriele Abels

Eurasian IntegrationVinnitskiy D.V.Indirect taxation in the Customs Union of the EurAsEcInternational lawNigmatullin R.V.International legal standards of counteracting corruption and problems of maintenance of national security of RussiaKopylov S.M.The year of 2048 – will it be the year of Russia in the antarctic?Terekhov A.Y.Issues of current importance in international legal regulation to prevent and combat counterfeit drugs in regional intergovernmental organizationsLaw of foreign countriesStepanenko D.M.Constitutional basics of innovation development of european statesChzan ZhueActive justice and judicial restraint: comments on reform of initiative justice in China

Theory and History of State and LawTimonin A.N.The class-conflict theory origin of the state: discussional problemsAntoshin A.N.Normative bases of participation of the public prosecutor in civil process in Russian Empire of the XIX centuryGaliev F.Kh.Modern state of legal culturePopova N.V.The peculiarities of the organization and activity of the magistrates’ court in the Russian empire according to the acts of 1864 (regional aspects)Gulyaschih N.E.Legal basis of joint-stock commercial banks in Russian empire

Constitutional lawKomarova V.V.Constituent power: theory and mechanism for its implementationOleynikova E.V.On the issue of responsibility of the state in the constitutional law of Russia and Austria

Civil law And civil procedural lawSelivanova A.Yu.The rent and rights of things’ deliveries in a view of the concept of perfection of the civil legislation of the Russian FederationTolstaya E.V.Inviolability of person: civil law aspectMedvedev D.E.Perspectives of improvement of normative legal acts regulating social relations on construction of oil and gas industry objectsReshetov F.F.Classification of uninhabited premises as objects of the civil rightsOsipov A.A.Interest as the category of civil lawRokhmistrov A.V.Legal regulation of extrajudicial enforcement of pledgeSabirova T.R.Legal status of the parties of the contract of power supply

Family lawKazantzeva A.E.Hereditary rights of child adopted in relations to his relatives

Criminal law and criminal procedural lawMinyazeva T.F., Bukalerova L.A.On the question of combating corporate raidLinkevich A.E.The specifications of an objective side of infringement of rules of traffic and of operation of vehiclesRustamov A.A.The evaluation of the proofs аnd the principle of spontaneityOken I.P.To a question on the judicial discretion at decision-making on manufacture of investigatory action in the theory of the modern criminal procedure lawNurmukhametova A.M.Features of the subjective side of the crimes stipulated in articles 240, 241 of the Criminal Code of the Russian Federation

Financial lawMurtazalieva Z.A.Inter-budget relations: current state and the problems of legal regulationLand lawKhotko A.V.The problems of normative adoption of results of the state cadastral land valuationUrban planning lawYakovleva A.I.About contradictions in the definition of the concept «urban planning activity» in the Russian legislationAdvocacy and notaryMamedov Z.A.Notaries in Azerbaijan in the 70-90 years of XX centuryLaw and PoliticsRahimzade V.G.Press and modern political and law processes

JubilaeumTo the 60 anniversary of professor Sh.M.Ismailov

Information for authors

About the authors

Eurasian Integration

Vinnitskiy D.V.

Indirect taxation in the Customs Union of the EurAsEcThe article is devoted to the issues of indirect taxation in the Customs Union of the EurAsEC which includes Russia, Kazakhstan and Belarus (two other member-states of the EurAsEC - Tajikistan and Kyrgyzstan do not exclude their joining the Customs Union in the future). The legal basis of indirect taxation in the Customs Union has been analyzed taking into account different stages of its development. Besides, the peculiarities of VAT and excises regime (established by the Agreement on the principles of indirect taxation in regard to imports and exports of goods, performance of works and services in the Customs Union of 25 January 2008) have been examined. The issues of supranational protection of taxpayers have also been touched upon in the framework of the article.

The year of 2048 – will it be the year of Russia in the Antarctic?The article examines the contemporary environmental legal status of Antarctica, formed mainly by international treaties of the so-called Antarctic Treaty System, which currently consists of the 1959 Antarctic Treaty, the 1972 Convention on the Conservation of Antarctic Seals, the 1980 Convention on the Conservation of Antarctic Marine Living Resources, the 1988 Convention on the Regulation of Antarctic Mineral Resource Activities, the 1991 Protocol on Environmental Protection to the 1959 Antarctic Treaty, the 2001 Agreement on the Conservation of Albatrosses and Petrels. Taking into account the possible entry into force in 2048 of the 1988 Convention on the Regulation of Antarctic Mineral Resource Activities, the emerging environmental threats that may arise for the Antarctic ecosystem in the process of industrial exploration and exploitation of its mineral resources are identified. Measures of the international legal protection provided by some specialized «maritime» conventions are considered, and immediate steps to be taken by States parties of the Antarctic Treaty Consultative Meeting, the United Nations Environment Program (UNEP) and the International Maritime Organization (IMO) in the area are proposed.

16. Vidas D. The Protocol on Environmental Protection to the Antarctic Treaty: A Ten-Year Review // Yearbook of International Cooperation on Environment and Development 2002/2003. – L.: Earthscan, 2002.

International law

Terekhov A.Y.

Issues of current importance in international legal regulation to prevent and combat counterfeit drugs in regional intergovernmental organizationsThe article is about international legal regulation in regional intergovernmental organization to prevent and combat counterfeit drugs.

Constitutional basics of innovation development of european states The article is devoted to the research of interrelation between effective standards of national constitutions of the European states and their development on an innovation basis. The role of the constitutional norms as factors of support of innovation activity in the state and preconditions of its realization is proved. Groups of the constitutional norms having essential value for providing of high innovation activity in the European states are revealed.

The class-conflict theory origin of the state: discussional problemsThe article is devoted to the research of substantive provisions of the class-conflict theory of an origin of the state, which keep debatable character still. Having studied the modern scientific and educational literature, the author has critically considered arguments, both supporters, and opponents of this theory. In the article the attempt is undertaken in a new fashion to show the variety of the problems connected with the theoretical study of the origin of the state.

Keywords: origin of the state, cause of the origin of the state, theory of the origin of the state, model («classical form of the origin of the state»), reductionism, Europe-centrism.Work bibliographic list

36. Origins of the State. The Antropology of the Political Evolution / Ed. by R.Cohen and E.R.Service. –Philadelphia, 1978.

37. Service E.R. Origins of the State and Civilisation. Process of Cultural Evolution. –New York –London, 1975.

Theory and History of State and Law

Antoshin A.N.

Normative bases of participation of the public prosecutor in civil process in Russian Empire of the XIX centuryThe article deals with the powers of public prosecution in the economic sphere and their dynamics during the Russian Empire’ period. Parallels with the modern role of the prosecutor in the proceedings are made.

Modern state of legal cultureThe life shows that there are much more people with lawful behavior than people with unlawful character, even though most people with lawful behavior have rather abstract representation about rights and laws. It happens because the human consciousness and behavior are under tremendous press of the set of social norms which are functioning in the society. This situation is

The peculiarities of the organization and activity of the magistrates’ court in the Russian empire according to the acts of 1864 (regional aspects)In the article considered are the historical and legal peculiarities of the organization and activity of the magistrates’ court in the Russian Empire according to the acts of 1864.

Legal basis of joint-stock commercial banks in Russian empire This article analyzes the legislative acts of the Russian Empire, which regulated the construction and operation of joint-stock commercial banks. Particular attention is paid to the operations allowed to these banks.

Constituent power: theory and mechanism for its implementation The article investigates the theoretical foundations of constituent power, its authority and its form of implementation. Subdividing the constituent power in the original and derivative, the author explores the normative binding forms of implementation at the federal level and in the subjects of the Russian Federation. The result of the analysis was the conclusion of the author that as the manifestation of the original constituent power may be the right of people to a referendum, the right to take the basic law on referendum and have a legally enshrined opportunity to change it. As an example of derivative constituent power may be Constitutional assembly and some other organs.

On the issue of responsibility of the state in the constitutional law of Russia and AustriaThe article is devoted to the problem of responsibility of the state in the constitutional law of Russia and Austria. The author analyses legislative regulation of responsibility of the state and its bodies, underlines the necessity of working out the effective measures aimed to improve the institution of responsibility of the state in Russia taking into account international experience.

The rent and rights of things’ deliveries in a view of the concept of perfection of the civil legislation of the Russian FederationOn the basis of the comparative analysis of the norms regulating rent attitudes existing in the Civil Code the Russian Federation and the project of chapter 20.6 CC of the Russian Federation, which provides the right new to the domestic legislation thing deliveries, the author tries to prove that these legal categories have only some features of similarity that speaks about their interrelation, but not identity.

Inviolability of person: civil law aspectIn the article the right to inviolability of person – concept and the maintenance including physical and mental personal immunity, and also some aspects of legal regulation of the nonproperty right to inviolability of person are investigated.

Keywords: inviolability of person, physical inviolability, mental inviolability, right to inviolability of person.

Perspectives of improvement of normative legal acts regulating social relations on construction of oil and gas industry objectsThe article makes an attempt to identify ways to improve this system of laws and regulations in order to enhance its effectiveness due to the private law interests of subjects of civil law.

Keywords: system of laws and regulations, construction, objects of civil rights, objects of oil and gas industry.

Classification of uninhabited premises as objects of the civil rightsInvestigating the bases of legal classification of uninhabited premises, the author of clause marks that practical value of classification plays the important role in the legal regime of the given objects of the real estate, the necessity of introduction of uniform system of classification of uninhabited premises is being proved. The author does accent that classification of uninhabited premises is based on the targeted, uniform economic and functional purposes serving as the basis for a various legal regime and therefore based on the legal aspect of specifications of uninhabited premises. Thus the main directing tendency is defined at the characteristic of the legal regime of uninhabited premises.

Interest as the category of civil lawThe article focuses on the evolvement and development of the term ‘interest’ from the point of view of civil law, presents opinions of leading legal scholars and practicing lawyers – contemporary as well as of the XIX century, states the main legal problems arising in the course of using of this term in acts of legislature. In conclusion of his research the author offers his definition of the legal category in question and stresses the need for its legislative establishment.

Legal regulation of extrajudicial enforcement of pledgeThe analysis of legal regulation of extrajudicial enforcement of pledge as movables including property rights mechanism concerning the simplification of enforcement of pledge procedure in accordance with Federal Law dated 30.12.2008 № 306-FZ “On amendments to the certain legislative acts of the Russian Federation in connection with the improvement of extrajudicial enforcement of pledge order” is carried out in the article below. A new concept “pledge option” is introduced by the article.

Legal status of the parties of the contract of power supplyThis article considers various subjects of the contract of power supply in the retail and wholesale markets, their distinctions, their classification, models of relations between them. The given theme is difficult, as the current legislation regulating given relations, is imperfect. It, in turn, is a consequence of insufficient study of this question in the theoretical plan.

Hereditary rights of child adopted in relations to his relatives The article analyses disputable guestions of hereditary rights of child adoption in case when one or both of his parents are died in relation to the relatives.

On the basis of the analysis of the operating criminal law measures directed on counteraction to corporate raid, the authors come to a conclusion that one of the major factors promoting distribution of so dangerous act is the insufficient attention by the legislator to an information turn protected by the state. Thereupon authors do a number of offers on a regulation of the reference of uniform state registers, other documents which acceptance will be the effective factor of struggle against corporate raid.

The specifications of an objective side of infringement of rules of traffic and of operation of vehiclesIn the article the specifications of an objective side of infringement of rules of traffic and of operation of vehicles are considered.

Keywords: infringement of rules of traffic and of operation of vehicles, an objective side of a crime, crimes against public security.

The evaluation of the proofs аnd the principle of spontaneityThe article is dedicated to the principle of spontaneity in criminal process: this principle is one of the principles of the criminal process, it is standing on the same level with other principles of criminal court execution and plays a great role in the study of evidences. The principle of spontaneity here is scientifically, critically analysed from the point of view of the modern period. The author underlines the importance of the realization of the principle in the criminal process.

To a question on the judicial discretion at decision-making on manufacture of investigatory action in the theory of the modern criminal procedure law In the article considered is the problem of the judicial discretion, including while decision- making on manufacture of investigatory action, its essence is clarified, the modern scientific approach to the given problem is analyzed. The author’s definition of the given legal category is presented.

Features of the subjective side of the crimes stipulated in articles 240, 241 of the Criminal Code of the Russian FederationThis article is devoted to the study of signs of the subjective side by engaging in prostitution and organizing prostitution. Special attention is paid to the motives of commitment of such crimes. Peculiarities of the subject staff of crimes under articles 240, 241 of the Criminal Code of the Russian Federation are analyzed.

Inter-budget relations: current state and the problems of legal regulationViews of different scholars concerning such category as inter-budget relations are examined and analyzed in this article. The problems of legal regulation of inter-budget relations are researched, and ways of their improvement, which, to author’s opinion, will promote more effectively and rationally expenses of budget monetary funds, reduction of groundless financing of regions and municipal formations. In conclusion, the author takes an attempt to specify the notion of inter-budget relations.

The problems of normative adoption of results of the state cadastral land valuationThe problems of the branch belonging and the normative nature of the acts concerning the adoption of results of the state cadastral land valuation, the adoption and publication order of the acts of this kind and with their obligatory volume and content have no the unambiguous normative settlement and the uniform approach on the court law-appliers’ part; this fact results in the frequent land disputes on the results of the state cadastral land valuation.

Keywords: land fee, state cadastral land valuation, cadastral value, publication of the normative legal act, acts of the tax and the land law, object of the cadastral land valuation, land disputes.

About contradictions in the definition of the concept «urban planning activity» in the russian legislation On the basis of the analysis of legislative base of urban planning activity revealed are the contradictions in definition of the given concept in the federal legislation, ways of liquidation of the given contradiction are offered.

Notaries in Azerbaijan in the 70-90 years of xx centuryThe article highlites the features of notarial activities in Azerbaijan in the 70-80 years of the twentieth century. The article indicates that in the early years of 70’s in Azerbaijan 73 public notaries were operating. Number of notarial acts performed by these notaries were increasing from year to year. Along with other notarial acts citizens most often applied to the notaries to certify the copies of documents . The Law of the Azerbaijan SSR on Notaries was adopted on December 27, 1973, which entered into force on 1 July, 1974. The law consisted of 4 sections. The article briefly analyzes each section of the law. The author points out that since 1989, with the beginning of the privatization of apartments, the number of notarial acts beginning to grow rapidly. But in 70–90 years of 20 th century in Azerbaijan, there were no private notaries , only public notaries were operating.

Keywords: notary, law, Civil code, duty, court.

Work bibliographic list

1. Bakinskij rabochij. – 1973. – 29 dekabrja (# 304 (16916)).

2. Halg. – 1997. – 1 ijulja (# 141 (22537)).

Law and Politics

Rahimzade V.G.

Press and modern political and law processesIn the article it is noticed that in modern conditions the functions of the press are dynamically politicized. In such conditions it is rather actual to provide the directions of the press functions to the social needs. The given process is of special value from the point of view of strengthening of the social integrity of the society. In the Azerbaijan society, as well as in other civilized countries, the influence of press, media as a whole on political processes is developing. Analyzed in the article are public, political, social character of the given processes, scientific-theoretical bases of realities of the press and of the political life.